139, article of the Criminal Code of the Russian Federation āIllegal entry into a homeā establishes liability for an unlawful intrusion into a building against the will of a person who is / is not in it. The norm defines the general and qualifying composition of the act. Let us further consider what threatens penetration into the home.
Article of the Criminal Code No. 139
For unlawful intrusion into the premises against the desire of the subject, whether or not in it, the person is charged with:
- Fine up to 40 thousand rubles. or an amount equal to his income (salary) for 3 months.
- Mandatory work, the duration of which can be up to 360 hours.
- Arrest up to 3 months.
- Correctional labor for up to 1 year.
Qualifying Compositions
The article āPenetration into the homeā (Criminal Code of the Russian Federation, Article 139) in part two provides for liability for the above act with the use of violent acts or under the threat of their application. The culprit may be charged:
- Fine up to 200 thousand rubles. or equal to his income / salary for 1.5 years.
- Correctional work up to 2 years.
- Imprisonment.
- Forced work.
The last two sanctions last up to 2 years. For entering the apartment, the punishment is toughened if the crime is committed using an official position. In this case, the perpetrator faces:
- Fine 100-300 thousand rubles. or component of income / salary for 1-2 years.
- Forced work up to 3 liters.
- Deprivation of the right to carry out activities defined by the court or to remain in specific posts for 2-5 l.
- Arrest up to 4 months.
- Imprisonment up to 3 years.
Penetration into the home (article of the Criminal Code): comment
This norm is in compliance with the constitutional provision. Article 25 of the Basic Law establishes, in particular, that the home is inviolable. This means that no one can invade it against the will of the subjects in it. The only exceptions are cases specially stipulated by law, or situations in which a court decision is enforced. The crime will be considered completed from the moment of penetration into the home of another person in an unlawful way.
Note
An individual house with its non-residential premises, including non-residential premises, acts as a dwelling within the framework of the commented norm. This category also includes objects, regardless of their form of ownership, assigned to the housing stock and suitable for permanent / temporary placement of citizens. A dwelling is also a building / premise that does not constitute a housing stock, but is operated for temporary residence. This can be an individual house or a separate area in it, a room in a hotel / hostel, a change house and other temporary construction. In the latter cases, the facilities are equipped directly for living during the construction of the railway, power lines, hunting and so on.
Outbuildings, cellars, barns, garages and other structures that are separated from the residential building and are not used for people to live in do not belong to their dwellings. The compartment of the train carriage, the cabin in the ship is not included in this group. This is due to the fact that these objects are part of vehicles.
Subjects of law
The article āPenetration into the homeā (Criminal Code of the Russian Federation) applies to persons who illegally invaded both the territory of private property and the object in use. The right to operate the premises must be documented. For owners - this is the property of state registration, for other persons - lease / sublease, rental agreements, warrants and so on. The right to inviolability of the home extends to the title owners, officials, as well as universes, for a certain period, including by the will of citizens already residing in it.
Objective part
How is illegal entry into a home characterized? Signs of the objective part of the crime are the manifestation of active actions against the will of the victim. The method of committing the crime will not matter. In the event that the guilt of the offender is proved, he will be prosecuted under the Criminal Code of the Russian Federation. Violation of the inviolability of the home may be secret or open. Crime is committed both in the presence and in the absence of victims. The article "Penetration into the home" (Criminal Code of the Russian Federation) provides for responsibility both for the direct intrusion into the room, and for controlling it from the inside using technical means.
Nuance
If the attacker, by deceit, or by abusing his trust, has penetrated the home, article of the Criminal Code of the Russian Federation No. 139 does not apply. This is due to the fact that the composition in question is absent in the behavior of the attacker. In cases of breach of trust or fraud, the offender enters the premises at the will of the victim.
Subjective part
The act, the responsibility for which is established by the article "Penetration into the home", describes the Criminal Code of the Russian Federation as intentional. The intent is direct. As a subject of a crime under part 1 and 2, any sixteen-year-old citizen is acting. In part three, persons who have used their official position to commit a crime are held liable. Qualifying the behavior of the subject as penetration into someone elseās home, the article of the Criminal Code of the Russian Federation in part two calls the use of violence or the threat of its use as a key criterion.
Exceptions
The subject may attempt to enter the home. Article of the Criminal Code of the Russian Federation No. 139 does not qualify such acts as criminal if a person invades the premises on the basis of regulatory provisions. In particular, we are talking about police officers, operational-search services. In accordance with the norms, the application of the right to penetrate ATS officers into residential premises and on land plots belonging to individuals occupied by enterprises does not constitute a crime. The exceptions are the structures and territories of diplomatic missions and consular institutions of foreign states and international organizations. In addition, liability for entry into the home is not provided for:
- Rescue of property or citizens, ensuring the safety of the population in emergency situations and riots.
- Suppression of criminal activity.
- Detention of citizens suspected of committing unlawful acts.
- Identification of circumstances of accidents.
They will not appear as unlawful actions by employees of the operational-search services related to penetration into a home with the consent of at least one of the entities living in it. Intrusion is allowed into the rooms of hotels, rest houses, sanatoriums, boarding houses, tourist camps, campsites, and other similar complexes by the indicated officials in the absence of citizens, but with the permission of the administration of the institution. At the same time, the measures taken should not be connected with the inspection, the search for property, things belonging to the guests, and the rules / agreement provides for the possibility of outsiders entering the room.
Additional qualification
Unlawful entry into a home (article of the Criminal Code of the Russian Federation No. 139) often becomes a way of committing another criminal act. For example, it can be robbery, theft, robbery. In these cases, the totality of crimes is not formed, since illegal penetration is provided for in these formulations as a qualifying attribute. Accordingly, additional qualifications are not required.
Household cases
It should be said that illegal entry into housing is currently quite common. However, far from all cases, citizens turn to law enforcement agencies. The most striking example is the sudden arrival of the parents of the wife / husband. The problem is especially acute in young families. Formally, the law provides for the possibility of protection. However, in practice they resort to it quite rarely in such cases. The exception, perhaps, is made when the arrived relatives literally break down the doors. It is worth noting that, by law, a family living in an apartment has the full right to prevent visitors from entering the house. This opportunity can be used even when the owners of the premises are arrived relatives. In any case, young spouses should remember that they have the right not to open the door if the visit is undesirable for them. If relatives begin to threaten, then it is advisable to fix it. If there is evidence, you can try to defend yourself in court. In general, such situations can be completely prevented if we explain to relatives about the undesirability of their frequent visits.
Conclusion
The inviolability of the home is one of the most important constitutional rights. No one may invade the premises against the will of a person, except on the basis of direct regulatory requirements or a court decision. As the judicial practice shows, in recent years, cases of prosecution for illegal entry into residential premises have become significantly more frequent. Often the considered crime is committed in conjunction with other unlawful, more serious acts.
In such situations, penetration into the home does not appear as the ultimate goal of the attacker. The crime is committed along the way and facilitates another act. There are many controversial issues in practice. For example, some citizens complain to law enforcement agencies of illegal entry in cases when someone from friends or unknown people entered the house, but is not going to leave it. In such situations, the considered norm will not apply. This is explained by the fact that article 139 establishes liability for entering the premises against the will of the citizen. In the considered example, this criterion is absent. Accordingly, there is no corpus delicti.
Part three of the norm establishes punishment for a crime committed using official position. Such an act poses an increased danger to society, since it involves not only a direct encroachment on the premises, but also discredits the employee. In this regard, the sanctions for the crime in part three are significantly tightened, such as murder, personal injury, kidnapping, rape.